Montana § 50-40-115 Penalties

Montana Statutes

§ 50-40-115 — Penalties

Montana § 50-40-115

Title 50HEALTH AND SAFETY

Ch. 40SMOKING IN PUBLIC PLACES

Part 1Montana Clean Indoor Air Act

This text of Montana § 50-40-115 (Penalties) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 50-40-115 (2026).

Text

50-40-115 . Penalties.

(1)It is unlawful for a person to smoke in any area where smoking is prohibited under 20-1-220 or 50-40-104 . A person who violates 20-1-220 or 50-40-104 is guilty of a misdemeanor and shall be subject to a fine of not less than $25 or more than $100.

(2)A person who owns, manages, operates, or otherwise controls a public place or place of employment and who fails to comply with the provisions of Title 50, chapter 40, is guilty of a misdemeanor after a third violation within a 3-year period and shall be warned, reprimanded, or punished as follows:

(a)a warning for the first violation;

(b)a written reprimand for a second violation; and

(c)within any 3-year period, a fine of:

(i)$100 for a third violation;

(ii)$200 for a fourth violation; and

(iii)$500 for a fi

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50-40-115 . Penalties. (1) It is unlawful for a person to smoke in any area where smoking is prohibited under 20-1-220 or 50-40-104 . A person who violates 20-1-220 or 50-40-104 is guilty of a misdemeanor and shall be subject to a fine of not less than $25 or more than $100.
(2) A person who owns, manages, operates, or otherwise controls a public place or place of employment and who fails to comply with the provisions of Title 50, chapter 40, is guilty of a misdemeanor after a third violation within a 3-year period and shall be warned, reprimanded, or punished as follows:
(a) a warning for the first violation;
(b) a written reprimand for a second violation; and
(c) within any 3-year period, a fine of:
(i) $100 for a third violation;
(ii) $200 for a fourth violation; and
(iii) $500 for a fifth or subsequent violation.
(3) Penalties imposed under this section may not be considered by the department of revenue for the purposes of 16-4-401 or by the department of justice for the purposes of 23-5-119 , 23-5-177 , or 23-5-611 (1)(a) or (1)(c).